JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is filed by the appellant who stands convicted by the Court of Addl. Sessions Judge (Ad hoc), Hoshiarpur, Punjab under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') and also under Section 307 IPC which is affirmed by the High Court of Punjab and Haryana and aggrieved by which the present appeal is filed in this Court.

(2.) Briefly stated the prosecution case is that a criminal case was registered on the basis of the statement of Jasprit Singh, the complainant and PW-1, who stated in his report that he was residing in village Parowal for the last 12 years in the house of Joginder Singh and on 17.01.2001 at about 7.00 p.m. when he was sitting with his landlord's son Jasbir Singh alias Tota and watching television while sitting on a double bed in the room, somebody from outside called Tota whereupon the complainant opened the door and found two young persons standing outside. Both of them enquired about Jasbir Singh alias Tota upon which the complainant took them inside where Tota was sitting. Then Jasbir Singh alias Tota asked the complainant to bring tea for those persons and the complainant went inside the house to tell the mother of Jasbir Singh alias Tota to prepare tea. In the meantime he heard gun shot fire from the room and hearing the shot he immediately went to that room. On entering the room he saw the young man firing shots on the head of Tota and the other young man saying that Tota should not be left alive. The complainant alleged that he caught hold of the young man who fired at Tota and then the other young man, who was wearing a 'Patka', told the complainant pointing pistol towards him that he would also be killed along with Tota and then he fired the shot which hit the complainant on the finger of his left hand and left ankle as the complainant had caught the hand of that man in which he was holding the pistol. Upon complainant raising the alarm Joginder Singh, the father of Jasbir Singh alias Tota, the deceased namely and Shiv Charan Singh, the father of Jasprit Singh, the complainant reached there. The man wearing patka ran away from the spot while firing shots and the other young man who also tried to run away was overpowered and the pistol was snatched away from his hand. The said young man was identified later as Charanjit Singh and the other young man with a patka accompanying Charanjit Singh was identified as Jaswinder Singh. In the meantime, Jasbir Singh alias Tota fell on the bed and number of villagers collected there. He was taken to the Civil Hospital, Garhshankar along with complainant where he succumbed to the injuries whereas complainant was medically examined. Sub-Inspector Gian Chand came to the hospital and recorded the statement of complainant on the basis of which the criminal case was registered.

(3.) During the course of investigation Sub-Inspector Gian Chand took into possession the pistol and the licence of Charanjit Singh, the accused. He visited the place of incident on 18.01.2001, prepared a rough site plan and recorded the statements of the witnesses. He took into possession three empty cartridges, two led bullets of the cartridges, bloodstained bed sheet from the spot along with cap and a scooter bearing Registration No. PI Q-68. He also prepared inquest report on the dead body of Jasbir Singh alias Tota, the deceased. The post-mortem examination was conducted by the doctor.